Texas court stops death penalty hearing

Published 10:59 am, Wednesday, January 12, 2011

The highest criminal court in Texas this morning permanently halted a Houston judge's hearing on the constitutionality of the state's procedures surrounding the death penalty.

State District Judge Kevin Fine began what was expected to be a two-week hearing about the death penalty last month after he declared the death penalty unconstitutional in March. He rescinded his March ruling and decided to hear evidence before making his decision.

Two days into the December hearing, the Court of Criminal Appeals agreed to reconsider a motion by the Harris County District Attorney's Office to stop the hearing and halted the proceedings until further notice.

The decision, released this morning, agrees with the district attorney's office that there is no basis under Texas law to conduct a pretrial evidentiary hearing to determine the constitutionality of a law.

The underlying case centers around John Edward Green, who is accused of a 2008 robbery and slaying in southwest Houston. Green faces the death penalty if convicted in the shooting death of Huong Thien Nguyen, a 34-year-old mother of two.

He has yet to be tried, convicted or sentenced to die, which seemed to be the central to the Court of Criminal Appeal's ruling.

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Defense lawyers for Green could appeal today's ruling, or wait until Green is convicted and sentenced to death to re-file their motion to declare unconstitutional the legal mechanisms surrounding the death penalty.